Sire v. Kneuper
New York Court of Common Pleas
Actions by Henry R. Sire against George Kneuper, for rent; one pending in the court of common pleas, and the other pending in a district court. Defendant moves in the common pleas for an order for the removal to that court of the action in the district court, and for the consolidation of the two actions.
Read the full summary
Actions by Henry R. Sire against George Kneuper, for rent; one pending in the court of common pleas, and the other pending in a district court. Defendant moves in the common pleas for an order for the removal to that court of the action in the district court, and for the consolidation of the two actions. Code Civil Proc. § 818, relating to the consolidation of actions, provides that “ where one of the actions is pending in the supreme court, and another is pending in another court, the supreme court may, by order, remove to itself the action in the other court, and consolidate it with that in…
1Opinion of the CourtBookstaver, J.
Section 818 of the Code, in terms, applies to the supreme court alone, but section 3347 extends the provision to all courts of record. Soloman v. Belden, 12 Abb. N. C. 58; McKay v. Reed, Id. note, 59. The same result would seem to follow from section 3343, subd. 1, which declares this court one of the superior courts of cities; and from section 267, which ■declares the jurisdiction of such courts to be co-extensive with that of the supreme court. The actions and defenses in both cases being the same, they should be consolidated, and the motion is therefore granted, without costs.
2Cases cited1 opinion
- Soloman v. BeldenNew York Supreme Court · 1882
3Cited by6 opinions
- Carter v. SullyThe Superior Court of the City of New York and Buffalo · 1892
- Curry v. EarllAppellate Division of the Supreme Court of the State of New York · 1924
- Sternberg v. Bergman, New York County Courts1931
- Greene v. Beacorn, New York County Courts1932
- Carter v. SullyThe Superior Court of New York City · 1892
1 more not listed; retrieve them via the Exa API.